The toolkit was developed as part of an elder abuse pilot project involving Associate Professor Ries and a number of University of Newcastle staff, with one focus being “to examine the usefulness of a brief elder abuse screening process to assist lawyers in identifying and assisting clients at risk for or experiencing various forms of elder abuse”.

The University of Newcastle’s law school Professor John Anderson, director of the university’s legal centre Shaun McCarthy, and the faculty of health and medicine’s Dr Elise Mansfield all collaborated on the project and have been credited in the toolkit as such.

The toolkit takes note of the World Health Organisation’s definition of elder abuse as “a single, or repeated act, or lack of appropriate action – occurring within any relationship where there is an expectation of trust – which causes harm or distress to an older person”.

For Associate Professor Ries, the under-detection of elder abuse is a serious issue.

“Only a minority of cases [are] being reported to police, helplines or other specialist services,” she noted.

“In Australia, psychological and financial abuse are estimated to be the most prevalent forms of abuse, followed by physical abuse, neglect and sexual abuse,” she explained, before highlighting that it is often family members mistreating and exploiting ageing parents or relatives.

The kit covers lawyers’ ethical responsibilities which includes duties of confidentiality, and discusses screening techniques and checklists to help practitioners in raising the topic with their older clients.

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“These kinds of tools can help to improve consistency and thoroughness in lawyers’ practices,” she explained, noting that a standard set of questions can cover key risk factors.

Giving examples, Professor Ries said “does the older person rely on other people for help with managing their money, going out for activities, or personal care? Has anyone pressured them to sign documents? Do they feel shamed or frightened by others?”

“Not knowing what to do is often a barrier to talking about elder abuse” for practitioners, the associate professor conceded.

The toolkit provides links to resources from key bodies such as the Law Society and the newly created Elder Abuse Helpline and Resource Unit. 

“It is important for lawyers to be aware of referral options, elder mediation services and other sources of support,” the academic highlighted.

“We can all make a practical difference for older people experiencing intersecting health and legal need by supporting them to improve their health and wellbeing and prevent harm of all kinds,” Associate Professor Ries concluded.

The initial elder abuse pilot project was funded by the NSW government.

The toolkit’s launch comes after the Australian government’s recent launch of a national plan to respond to the abuse of older Australians, while the Royal Commission into Aged Care Quality and Safety has just concluded its second Adelaide hearing, where the focus was on aged care in the home.